Search form

Elonis v. US

Elonis v. US

Anthony Elonis was convicted of making interstate threats on the basis of violent posts published on Facebook, where he fantasized about killing his ex-wife and law enforcement. After the US Supreme Court agreed to review his conviction, EFF joined the Student Press Law Center and the PEN America Center in an amicus brief, arguing that the First Amendment requires the government prove a speaker must intend to convey a threat in order to be prosecuted for making a "threat."

In June 2015, the Supreme Court reversed Elonis' convictions, ruling that to convict under the statute, the government had to show that a speaker either intended to issue a threat or knew that their communication would be viewed as a threat. The Court declined to address any of the First Amendment issues raised in the case.

Related Content

Supreme Court Reverses Conviction in Elonis v. United States, Avoids Answering First Amendment Question The US Supreme Court has overturned the conviction of Anthony Elonis, a Pennsylvania man also known by his nom de rap Tone Dougie, for violating the federal criminal threat statute. A jury had convicted Elonis...

When Sarah Palin placed crosshairs over political districts her political action committee was targeting in the 2010 midterm election, there was an outcry but she wasn’t arrested. Although some claimed the imagery was violent, no one believed Palin was actually intending to shoot anyone. But when Anthony Elonis posted...